Smith v. County of Dutchess

Appellate Division of the Supreme Court of New York

Smith v. County of Dutchess

60 A.D.2d 854, 401 N.Y.S.2d 3, 1978 N.Y. App. Div. LEXIS 9881

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 9, 1978

StatusPublished

This text of 60 A.D.2d 854 (Smith v. County of Dutchess) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Smith v. County of Dutchess, 60 A.D.2d 854, 401 N.Y.S.2d 3, 1978 N.Y. App. Div. LEXIS 9881 (N.Y. Ct. App. 1978).

Pincite

Opinion

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the president of the Dutchess Community College which, after a hearing, found petitioner guilty of certain charges of misconduct and dismissed him from his position as a cleaner for said college. Determination •confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination under review is supported by substantial evidence. We are unable to say that the penalty of dismissal is so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter [855]*855of Pell v Board of Educ., 34 NY2d 222). Latham, J. P., Damiani, Cohalan and Hawkins, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the president of the Dutchess Community College which, after a hearing, found petitioner guilty of certain charges of misconduct and dismissed him from his position as a cleaner for said college. Determination •confirmed and proceeding dismissed on the merits, without costs or disbursements. The determination under review is supported by substantial evidence. We are unable to say that the penalty of dismissal is so disproportionate to the offense as to be shocking to one’s sense of fairness (see Matter [855]*855of Pell v Board of Educ., 34 NY2d 222). Latham, J. P., Damiani, Cohalan and Hawkins, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

60 A.D.2d 854, 401 N.Y.S.2d 3, 1978 N.Y. App. Div. LEXIS 9881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-county-of-dutchess-nyappdiv-1978.